How to Win an Unbeatable DUI Using Legal Loopholes from a DUI Defense Attorney

Is it possible to win an unbeatable DUI? Did you fail the field sobriety tests and blow over the legal limit on the breath test? DUI Attorney Manny Serra from the Rossen Law Firm explains how you can still win a DUI case using legal loopholes and a motion to suppress evidence.

#UnBeatableDUI #DUILegalAdvice #LegalLoopholes

Video Chapters:
0:27 Reviewing the Police Report
1:19 Determine if the Officer Had Probable Cause
1:51 Using a Motion to Suppress
3:32 Identifying Illegal Traffic Stops
4:35 Striking Evidence from the Prosecutor's Case
5:17 Negotiate Dropping Charges with the Prosecutor
5:44 Take a Reduced Charge or Fight the Case Further

Most people think that if they are arrested for DUI, fail the sobriety exercises, and blow over the legal limit on a breathalyzer, then there is no hope of winning their DUI case. What most people don't realize is that you can still beat a DUI case even if you were drunk and blew over the legal limit.

Before an officer can arrest you for DUI, the specialized DUI officer must have legitimate probable cause to pull you over in the first place. If an officer illegally stops you for a traffic infraction, then any evidence he or she collects against you cannot be used in court.

The 4th and 5th Amendments to the Constitution protect individual rights against self-incrimination and illegal searches from law enforcement. In the American judicial system, an individual is innocent until proven guilty. As such, a police officer cannot simply pull you over for a crime without first reaching a legitimate reasonable suspicion that a crime occurred.

If an officer did in fact violate your rights, a defense attorney can file what is known as a motion to suppress. A motion to suppress is a formal request asking a judge to strike evidence from the record of the criminal case. If an officer stopped you illegally, a motion to suppress can eliminate all of the evidence that an officer collected against you from the moment you were pulled over. This would demolish the prosecution's case against you if successful. This legal motion puts the defense counsel on the offense and the prosecution on defense.

Filing this motion often opens room for the defense and the prosecution to negotiate the charges. If both sides come to an agreement, the prosecution can choose to reduce the charge of DUI to a lower charge such as reckless driving. This is a major win because reckless driving can be sealed or expunged from one's record.

Otherwise, the defense counsel can keep pushing their case all the way to trial where the defendant can receive a "not guilty" verdict.

#WinningDUICase #DUIChargesDropped #FloridaDUIAttorney #RecklessDrivingCharge #DUILawyer #DUIDefenseAttorney #SouthFlorida #FortLauderdale #FortLauderdaleDUI #DUIWin #DUILawyerNearMe #DUICase #FloridaCourt #DUIArrest #DUICharge #RossenLawFirm #FloridaDUILawyer #AttorneyMannySerra #fortlauderdaleDUI #duidefenselawyer

-Learn About the FLPD DUI Task Force and How They Perform Arrests in Fort Lauderdale:
-Learn What to Do if You Get Arrested for DUI:
-Learn More About Attorney Manny Serra

[billalbert]

No need to do this. Just marry the Speaker of the House. Works every time. 🤪

[yearssober]

A good attorney can definitely help you. I was pulled over for what the officer said was a blocked license plate. He claimed that the tinted cover over it made it impossible for him to determine if my plate was expired. Shortly after the stop I was arrested for DUI. I contacted an attorney and he asked for discovery. In the discovery he found that the officer had in fact been running my plate through his computer and found that I had a previous DUI. Since it was 2:45 am he suspected I was intoxicated. Dash cam clearly showed I maintained my lane and after several minutes following me he decided my plate cover was the reason to stop me. Based on the fact that the officer obviously could read my plate to enter it into his computer my lawyer was able to plea my case down to a simple seat belt violation. I paid a $175 fine and walked away. Lawyer cost almost $4K but was worth it. I finally stopped drinking and am now 10 years sober. These "loopholes" are there to protect the common citizen from being mistreated by those in our justice system who try to go outside the law to arrest someone. I wish all lawyers fought this hard for their clients.

[keything]

i like it when they say youre speeding, but they dont have a speed registering device turned on....they "observed you video....thank you !!

[kleetus]

fantastic video, never heard this information before. Thank you!

[tonyr.]

I have listened to many attorneys, and you are one of the smartest. I was once pulled over after leaving a small-town bar with friends as the designated driver. The police were in the parking lot leaving when we left also, so they saw our vehicle. We then drove past them hiding in a parking lot a few hundred yards beyond the bar. I saw them sneak in behind me for the pull over. Once pulled over, they said I crossed the lane line next to me (swerved into it). No way ! They gave me the breathalyzer test (which I know now that I should not have taken) and found that I was 0.03 because I had a taste of a friend's beer. They didn't arrest me and let me go. Poison fruit from the tree. Thanks for confirming what I always suspected.

[arthurcantrell]

1-1/2 min in I subscribed to your channel because your spot on!👌🏻. I doubt I will need legal help but if I do I’m looking you up!🙂

[laxmanparajuli]

Yes sir very helpful. Thank you so much for taking your time and make this video awesome person

[douglasking]

I have a sure fire way of beating a DUI, and you don't need a lawyer: don't drink and drive.

[billyblue]

Honestly, I really appreciate you. I read all of the comments on this video. They all want help. But some of them are obviously drunk responding to YouTube- God help them in court. Any chance you are licensed in ca?

[rlew]

Great video, but I hit a guard rail, so I pulled myself over!! 😂🤣

[ELITECOUNTERZOMBIEUNIT]

thank you so much you definitely gave me hope I feel like my DUI was unjustified based on my medical condition

[riograul]

Thank you SO MUCH my lawyers super busy at the moment and I'm just glad im not going to jail.
I was idling the car and they threw me in jail for being high. Called it a dui
Colorado is bullshit

[davidanderson]

Failure to maintain a lane does not make the vehicle stop illegal. It is reasonable suspicion of DUI, at least in California.

[alabamabatman]

Alabama here.
What if you weren't in your vehicle, and there was no sign that you actually wrecked. More or less that you pulled off the side of the road and your vehicle got stuck. While you were getting help for being stuck, the cops arrested you?

[MISSIONCAT]

Thanks
For videos of this type, this one gets a 10.
Has AI (CHAT GPT-4) began to impact DUI law yet ?
Has the 0.8 limit been challenged ?

When I was in California, the California Hiway Patrol staged a driving test to prove how dangerous drunken driving was. They rented a large concrete lot and set up various lanes for people to drive in.
They signed up a number of volunteers to drive on the course and a scoring process to evaluate the safety of each driver.
Then they had each driver drive a car through the course as they were when they arrived (sober).
Next each driver consumed 1 oz of alcohol and waited a certain time, then re-drove the course and was scored again. This went on until the drivers were obviously drunk.
However the results of the Hiway Patrol's experiment was never made public.
The story that eventually leaked out was that the Hiway Patrol decided to keep the results secret, because many if not most or all of the drivers scored better than sober after the first drink. Their driving skills began to decrease with the second drink.
The Hiway Patrol honchos were flabbergasted and humiliated !

[telesniper]

3:30 yeah, I've been pulled over and he said that and I've used excuses like "I swerved to miss that deer/cat/dog!" or "I was trying to avoid debris (like nails or something) that looked like it would damage my tires severely! Catastrophic tire damage could cause me to lose control over my car!" I've also gotten out of speeding tickets because in my state "going to fast for conditions" AND "going too slow for conditions" are both causes for being pulled over (not joking). Well that means you have to go roughly with the flow of traffic, even if everyone else around you is speeding. I got him to SAY that everyone else around me was going at least as fast during the stop. LOL

[patrickmccarron]

This is exactly what happened to me. Pulled me over for "improper lane usage". Yet police officer did not turn on his lights until after I pulled into a parking lot. Why not pull me over immediately on the road when I performed an improper lane change? Why wait to put lights on after I pulled into a parking lot?

[texasreaper]

Ok my questions is if a cop saw me come out a bar and the officer was in front when I was driving. Then he go around the block the see me at the light then come behind me and as the light was green and I go 10 feet from the light he hit the lights then he pulls me over and tell he saw me come out road that was close but not close there building a new court house next to that road then open my door to tell me to get out and then tells me to put out my cigarette then tired to give me a Field sobriety test and I tell him I was Disabled and denied the brutalizer test. Can I get a Motion of suppress.
After that cause he had no valid reason to call me over.

[calijm]

I was not driving, found passed out, I have a head injury and open workers comp case. They took my blood twice, and claim I refused blood test, when I did not refuse. Both officers camera's died and fire department helped me on to gurney, officer say I tried to walk away. I was not drinking. How can I beat it

[Cmonae]

What if you were driving on the opposite side of the road